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Judgment of the General Court (Sixth Chamber) of 9 March 2011. # Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark 5 HTP - Absolute ground of refusal - Signs or indications which have become customary - Article 7(1)(d) of Regulation (EC) No 207/2009 - Distinctive character acquired by use - Article 52(2) of Regulation No 207/2009. # Case T-190/09.
ECLI:EU:T:2011:78
62009TJ0190
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(Case T-190/09)
Community trade mark – Invalidity proceedings – Community word mark 5 HTP – Absolute ground for refusal – Signs or indications which have become customary – Article 7(1)(d) of Regulation (EC) No 207/2009 – Distinctive character acquired by use – Article 52(2) of Regulation No 207/2009
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 21 April 2009 (Case R 595/2008-4) relating to invalidity proceedings between Performing Science LLC and Longevity Health Products Inc.
Information relating to the case
Registered Community trade mark of which cancellation sought:
Word mark 5 HTP for goods and services in Classes 5, 16 and 35 – Community trade mark No 2846483
Proprietor of the Community trade mark:
Party requesting the declaration of invalidity of the Community trade mark:
Performing Science LLC
Decision of the Cancellation Division:
Application for declaration of invalidity of the trade mark concerned partially granted
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Longevity Health Products Inc. to pay the costs.